Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Fall 2008
Professor Carissima Mathen
cmathen@unb.ca
416-595-7170 ext. 2231
SYLLABUS
COURSE INFORMATION
b. Learning Objectives
This course examines feminist legal theory as both a site of intellectual inquiry and a tool
for effecting social change. We will explore significant developments in the field, with a
specific focus on the Canadian context and on feminist legal action (particularly in
constitutional law). How does feminist legal theory explain law and the role law plays in
women’s systematized inequality? Is law really amenable to feminist analysis? What
does/might feminist legal action look like, and what has it achieved? How does feminist
legal theory deal with diversity, conflict and contestation among women? How adaptable
is feminist legal theory to issues that challenge the very notion of what it means to “be” a
woman? These questions will be explored through historical and topical discussion. The
course will draw broadly from academic and social commentary, and from case law.
1
This number applies until December 1, 2008. Please see “How to Reach Me”, below.
c. Evaluation
1. One essay (2025 pages), on a topic of your choice but approved by me, due
Monday December 8, 2008. (40%)
The paper must be on an issue relating to Feminist Legal Theory. It may be research-
oriented or philosophical, but it must be critical in nature with a clear, well-developed
argument. A purely descriptive paper is insufficient.
A one-page précis of your proposed essay is due no later than Tuesday, October 21. I
encourage you to think about your papers, discuss topics with me, and submit your précis
as early as possible.
I have set aside the last three classes of the term for student presentations – these are
intended to provide an opportunity for you to “workshop” your paper with the rest of the
class. Details will follow at a later date, but, generally, the presentations will be informal
in nature.
In accordance with the regulations you may submit a hard copy of your paper to Osgoode
Student Services. However, submission of an electronic copy will facilitate my ability to
provide you feedback more quickly and comprehensively.
2. Two short “reaction papers”, 2 pages in length, on some aspect of the readings
assigned for a class. (20%)
A sign-up sheet will be distributed in the second week of classes. No more than two
students may sign up for any one class. (If enrollment numbers require it, the cap will be
increased to three students.)
Papers are due the immediately preceding Monday at noon. They must be emailed to
me at cmathen@unb.ca.
Papers not submitted in time will not receive credit. All papers for classes for which
you have signed up must nonetheless be submitted before your final grade is
calculated.
Any student may submit more than two papers, in which case I will count only the best
two.
You will be “on call” in classes for which you have officially signed up (as opposed to
merely submitting extra papers); you should assume that I will engage you in discussion.
3. Class attendance and participation (40%)
A significant portion of your grade is reserved for attendance, participation and paper
work-shopping. In grading this component I will look first at a student’s effort,
preparation and engagement, and only second at the student’s facility with feminist
legal theory.
HOW TO REACH ME
Please do not hesitate to contact me about any questions or concerns that you have.
Due to my academic leave from UNB, my contact information varies over the term. My
email address remains the same: cmathen@unb.ca
MATERIALS
READING LIST
To reduce copying costs, I have not included Supreme Court of Canada cases – they are
marked with an asterisk and an online link. Materials marked as “additional reading” are
not mandatory and are therefore not included in the course book. All of these are
available either through regular legal databases or links which are provided. One, an
excerpt from Catharine MacKinnon’s Only Words, has been placed on reserve. If you
have trouble accessing any of these please let me know.
Week 1 – September 2
Carol Smart, The Power of Law from Feminism and the Power of Law, 1989
Robin West, "Jurisprudence and Gender" (1988) 55 University of Chicago Law Review 1
Angela Harris, “Race and Essentialism in Feminist Legal Theory” (1990) 42 Stanford
Law Review 581
Mary Ellen Turpel, “Patriarchy and Paternalism: The Legacy of the Canadian State for
First Nations Women” (1993) 6 Canadian Journal of Women and the Law 174
Additional Reading:
Audrey Macklin, “Symes v. MNR: Where Sex Meets Class” (1992) 5 Canadian Journal of
Women and the Law 498
Michael Mandel, “Gender, Class and Legal Politics” in The Charter of Rights and the
Legalization of Politics in Canada (1994) 433
Rebecca Johnson, Taxing Choices: The Intersection of Class, Gender, Parenthood and
the Law (2002)
Additional Reading
Janine Benedet, “Little Sisters: Sexual Equality and the Attack on R. v. Butler”(2001) 39
Osgoode Hall Law Journal 187
Additional Reading
Catherine MacKinnon, "Feminism, Marxism, Method and the State: Toward Feminist
Jurisprudence" (1983) 8 Signs 635
Diana Majury, “Introducing the Women’s Court of Canada” (2006) 18 Canadian Journal
of Women and the Law 1
Leti Volpp, "Feminism Versus Multiculturalism" (2001) Columbia Law Review 1181
Natasha Bakht, “Arbitration, Religion and Family Law: Private Justice on the Backs of
Women” National Association of Women and the Law (March 2005)
Additional Reading
Susan Etta Keller, "Operations of Legal Rhetoric: Examining Transsexual and Judicial
Identity," (1999) 34 Harvard Civil Rights and Civil Liberties Law Review 329
barbara findlay, “Real Women: Kimberly Nixon v. Vancouver Rape Relief” (2003) 36
U.B.C.Law Review 57-76
Additional Reading:
Vancouver Rape Relief and Women’s Shelter v. Nixon, [2003] B.C.J. No. 2899
Vancouver Rape Relief and Women’s Shelter v. Nixon, [2005] B.C.J. No. 2647
Rhada Jhappan, Ed., “The Equality Pit and the Rehabilitation of Justice” (1998) 10
Canadian Journal of Women and the Law 61
Recall Mandel, The Charter of Rights and the Legalization of Politics (Week 4)
Osgoode students are required to maintain high standards of academic integrity and are
subject to the York Senate Policy on Academic Honesty and the relevant Osgoode
Academic Rules. The Senate Policy can be found at
http://www.yorku.ca/secretariat/policies/document.php?document=69 The York
University academic integrity website can be found at
http://www.yorku.ca/academicintegrity
The Senate Policy and Osgoode Academic Rules are also found in the Student Handbook,
which is available from the Office of Student Services and on the myosgoode website.
b. Religious Observance
York University is committed to respecting the religious beliefs and practices of all
members of the community, and making accommodations for observances of special
significance to adherents. Should any of the dates relating to examinations or
assignments for this course pose such a conflict for you, please let me know within the
first three weeks of class. Please note that to arrange an alternative date or time for an
examination scheduled in the formal examination periods, students must complete an
Examination Accommodation Form, which can be obtained from the Office of Student
Services at Osgoode Hall Law School.
York University has a range of resources to assist students with physical, mental,
psychiatric and learning disabilities in achieving their educational objectives. Students
with disabilities requiring accommodation in the classroom or in the examination or
evaluation process are encouraged to identify themselves to the Osgoode Office of
Student Services as soon as possible. All requests for accommodation will be kept
confidential. Request for examination accommodation must be approved by the Assistant
Dean (Student Services), Gina Alexandris.
Further information concerning relevant York University academic policies, such as the
Ethics Review Process for research involving human participants is available on the
Senate Committee on Curriculum & Academic Standards webpage (see Reports,
Initiatives, Documents) –
http://www.yorku.ca/secretariat/senate_cte_main_pages/ccas.htm